Illinois General Assembly - Full Text of HB0813
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Full Text of HB0813  102nd General Assembly

HB0813ham001 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 3/8/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 813

2    AMENDMENT NO. ______. Amend House Bill 813 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in subsection (a-1) of this
8Section, Section 8a, subdivision (h)(1) of Section 12a,
9Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
10money received by the Department under this Act, including
11payments made to the Department by member jurisdictions
12participating in the International Fuel Tax Agreement, shall
13be deposited in a special fund in the State treasury, to be
14known as the "Motor Fuel Tax Fund", and shall be used as
15follows:
16    (a) 2 1/2 cents per gallon of the tax collected on special

 

 

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1fuel under paragraph (b) of Section 2 and Section 13a of this
2Act shall be transferred to the State Construction Account
3Fund in the State Treasury; the remainder of the tax collected
4on special fuel under paragraph (b) of Section 2 and Section
513a of this Act shall be deposited into the Road Fund;
6    (a-1) Beginning on July 1, 2019, an amount equal to the
7amount of tax collected under subsection (a) of Section 2 as a
8result of the increase in the tax rate under Public Act 101-32
9this amendatory Act of the 101st General Assembly shall be
10transferred each month into the Transportation Renewal Fund; .
11    (b) $420,000 shall be transferred each month to the State
12Boating Act Fund to be used by the Department of Natural
13Resources for the purposes specified in Article X of the Boat
14Registration and Safety Act;
15    (c) $3,500,000 shall be transferred each month to the
16Grade Crossing Protection Fund to be used as follows: not less
17than $12,000,000 each fiscal year shall be used for the
18construction or reconstruction of rail highway grade
19separation structures; $2,250,000 in fiscal years 2004 through
202009 and $3,000,000 in fiscal year 2010 and each fiscal year
21thereafter shall be transferred to the Transportation
22Regulatory Fund and shall be accounted for as part of the rail
23carrier portion of such funds and shall be used to pay the cost
24of administration of the Illinois Commerce Commission's
25railroad safety program in connection with its duties under
26subsection (3) of Section 18c-7401 of the Illinois Vehicle

 

 

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1Code, with the remainder to be used by the Department of
2Transportation upon order of the Illinois Commerce Commission,
3to pay that part of the cost apportioned by such Commission to
4the State to cover the interest of the public in the use of
5highways, roads, streets, or pedestrian walkways in the county
6highway system, township and district road system, or
7municipal street system as defined in the Illinois Highway
8Code, as the same may from time to time be amended, for
9separation of grades, for installation, construction or
10reconstruction of crossing protection or reconstruction,
11alteration, relocation including construction or improvement
12of any existing highway necessary for access to property or
13improvement of any grade crossing and grade crossing surface
14including the necessary highway approaches thereto of any
15railroad across the highway or public road, or for the
16installation, construction, reconstruction, or maintenance of
17safety treatments to deter trespassing or a pedestrian walkway
18over or under a railroad right-of-way, as provided for in and
19in accordance with Section 18c-7401 of the Illinois Vehicle
20Code. The Commission may order up to $2,000,000 per year in
21Grade Crossing Protection Fund moneys for the improvement of
22grade crossing surfaces and up to $300,000 per year for the
23maintenance and renewal of 4-quadrant gate vehicle detection
24systems located at non-high speed rail grade crossings. The
25Commission shall not order more than $2,000,000 per year in
26Grade Crossing Protection Fund moneys for pedestrian walkways.

 

 

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1In entering orders for projects for which payments from the
2Grade Crossing Protection Fund will be made, the Commission
3shall account for expenditures authorized by the orders on a
4cash rather than an accrual basis. For purposes of this
5requirement an "accrual basis" assumes that the total cost of
6the project is expended in the fiscal year in which the order
7is entered, while a "cash basis" allocates the cost of the
8project among fiscal years as expenditures are actually made.
9To meet the requirements of this subsection, the Illinois
10Commerce Commission shall develop annual and 5-year project
11plans of rail crossing capital improvements that will be paid
12for with moneys from the Grade Crossing Protection Fund. The
13annual project plan shall identify projects for the succeeding
14fiscal year and the 5-year project plan shall identify
15projects for the 5 directly succeeding fiscal years. The
16Commission shall submit the annual and 5-year project plans
17for this Fund to the Governor, the President of the Senate, the
18Senate Minority Leader, the Speaker of the House of
19Representatives, and the Minority Leader of the House of
20Representatives on the first Wednesday in April of each year;
21    (d) of the amount remaining after allocations provided for
22in subsections (a), (a-1), (b), and (c), a sufficient amount
23shall be reserved to pay all of the following:
24        (1) the costs of the Department of Revenue in
25    administering this Act;
26        (2) the costs of the Department of Transportation in

 

 

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1    performing its duties imposed by the Illinois Highway Code
2    for supervising the use of motor fuel tax funds
3    apportioned to municipalities, counties and road
4    districts;
5        (3) refunds provided for in Section 13, refunds for
6    overpayment of decal fees paid under Section 13a.4 of this
7    Act, and refunds provided for under the terms of the
8    International Fuel Tax Agreement referenced in Section
9    14a;
10        (4) from October 1, 1985 until June 30, 1994, the
11    administration of the Vehicle Emissions Inspection Law,
12    which amount shall be certified monthly by the
13    Environmental Protection Agency to the State Comptroller
14    and shall promptly be transferred by the State Comptroller
15    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
16    Inspection Fund, and for the period July 1, 1994 through
17    June 30, 2000, one-twelfth of $25,000,000 each month, for
18    the period July 1, 2000 through June 30, 2003, one-twelfth
19    of $30,000,000 each month, and $15,000,000 on July 1,
20    2003, and $15,000,000 on January 1, 2004, and $15,000,000
21    on each July 1 and October 1, or as soon thereafter as may
22    be practical, during the period July 1, 2004 through June
23    30, 2012, and $30,000,000 on June 1, 2013, or as soon
24    thereafter as may be practical, and $15,000,000 on July 1
25    and October 1, or as soon thereafter as may be practical,
26    during the period of July 1, 2013 through June 30, 2015,

 

 

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1    for the administration of the Vehicle Emissions Inspection
2    Law of 2005, to be transferred by the State Comptroller
3    and Treasurer from the Motor Fuel Tax Fund into the
4    Vehicle Inspection Fund;
5        (4.5) beginning on July 1, 2019, the costs of the
6    Environmental Protection Agency for the administration of
7    the Vehicle Emissions Inspection Law of 2005 shall be
8    paid, subject to appropriation, from the Motor Fuel Tax
9    Fund into the Vehicle Inspection Fund; beginning in 2019,
10    no later than December 31 of each year, or as soon
11    thereafter as practical, the State Comptroller shall
12    direct and the State Treasurer shall transfer from the
13    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
14    balance remaining in the Vehicle Inspection Fund in excess
15    of $2,000,000;
16        (5) amounts ordered paid by the Court of Claims; and
17        (6) payment of motor fuel use taxes due to member
18    jurisdictions under the terms of the International Fuel
19    Tax Agreement. The Department shall certify these amounts
20    to the Comptroller by the 15th day of each month; the
21    Comptroller shall cause orders to be drawn for such
22    amounts, and the Treasurer shall administer those amounts
23    on or before the last day of each month;
24    (e) after allocations for the purposes set forth in
25subsections (a), (a-1), (b), (c), and (d), the remaining
26amount shall be apportioned as follows:

 

 

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1        (1) Until January 1, 2000, 58.4%, and beginning
2    January 1, 2000, 45.6% shall be deposited as follows:
3            (A) 37% into the State Construction Account Fund,
4        and
5            (B) 63% into the Road Fund, $1,250,000 of which
6        shall be reserved each month for the Department of
7        Transportation to be used in accordance with the
8        provisions of Sections 6-901 through 6-906 of the
9        Illinois Highway Code;
10        (2) Until January 1, 2000, 41.6%, and beginning
11    January 1, 2000, 54.4% shall be transferred to the
12    Department of Transportation to be distributed as follows:
13            (A) 49.10% to the municipalities of the State,
14            (B) 16.74% to the counties of the State having
15        1,000,000 or more inhabitants,
16            (C) 18.27% to the counties of the State having
17        less than 1,000,000 inhabitants,
18            (D) 15.89% to the road districts of the State.
19        If a township is dissolved under Article 24 of the
20    Township Code, McHenry County shall receive any moneys
21    that would have been distributed to the township under
22    this subparagraph, except that a municipality that assumes
23    the powers and responsibilities of a road district under
24    paragraph (6) of Section 24-35 of the Township Code shall
25    receive any moneys that would have been distributed to the
26    township in a percent equal to the area of the dissolved

 

 

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1    road district or portion of the dissolved road district
2    over which the municipality assumed the powers and
3    responsibilities compared to the total area of the
4    dissolved township. The moneys received under this
5    subparagraph shall be used in the geographic area of the
6    dissolved township. If a township is reconstituted as
7    provided under Section 24-45 of the Township Code, McHenry
8    County or a municipality shall no longer be distributed
9    moneys under this subparagraph.
10    As soon as may be after the first day of each month, the
11Department of Transportation shall allot to each municipality
12its share of the amount apportioned to the several
13municipalities which shall be in proportion to the population
14of such municipalities as determined by the last preceding
15municipal census if conducted by the Federal Government or
16Federal census. If territory is annexed to any municipality
17subsequent to the time of the last preceding census the
18corporate authorities of such municipality may cause a census
19to be taken of such annexed territory and the population so
20ascertained for such territory shall be added to the
21population of the municipality as determined by the last
22preceding census for the purpose of determining the allotment
23for that municipality. If the population of any municipality
24was not determined by the last Federal census preceding any
25apportionment, the apportionment to such municipality shall be
26in accordance with any census taken by such municipality. Any

 

 

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1municipal census used in accordance with this Section shall be
2certified to the Department of Transportation by the clerk of
3such municipality, and the accuracy thereof shall be subject
4to approval of the Department which may make such corrections
5as it ascertains to be necessary.
6    As soon as may be after the first day of each month, the
7Department of Transportation shall allot to each county its
8share of the amount apportioned to the several counties of the
9State as herein provided. Each allotment to the several
10counties having less than 1,000,000 inhabitants shall be in
11proportion to the amount of motor vehicle license fees
12received from the residents of such counties, respectively,
13during the preceding calendar year. The Secretary of State
14shall, on or before April 15 of each year, transmit to the
15Department of Transportation a full and complete report
16showing the amount of motor vehicle license fees received from
17the residents of each county, respectively, during the
18preceding calendar year. The Department of Transportation
19shall, each month, use for allotment purposes the last such
20report received from the Secretary of State.
21    As soon as may be after the first day of each month, the
22Department of Transportation shall allot to the several
23counties their share of the amount apportioned for the use of
24road districts. The allotment shall be apportioned among the
25several counties in the State in the proportion which the
26total mileage of township or district roads in the respective

 

 

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1counties bears to the total mileage of all township and
2district roads in the State. Funds allotted to the respective
3counties for the use of road districts therein shall be
4allocated to the several road districts in the county in the
5proportion which the total mileage of such township or
6district roads in the respective road districts bears to the
7total mileage of all such township or district roads in the
8county. After July 1 of any year prior to 2011, no allocation
9shall be made for any road district unless it levied a tax for
10road and bridge purposes in an amount which will require the
11extension of such tax against the taxable property in any such
12road district at a rate of not less than either .08% of the
13value thereof, based upon the assessment for the year
14immediately prior to the year in which such tax was levied and
15as equalized by the Department of Revenue or, in DuPage
16County, an amount equal to or greater than $12,000 per mile of
17road under the jurisdiction of the road district, whichever is
18less. Beginning July 1, 2011 and each July 1 thereafter, an
19allocation shall be made for any road district if it levied a
20tax for road and bridge purposes. In counties other than
21DuPage County, if the amount of the tax levy requires the
22extension of the tax against the taxable property in the road
23district at a rate that is less than 0.08% of the value
24thereof, based upon the assessment for the year immediately
25prior to the year in which the tax was levied and as equalized
26by the Department of Revenue, then the amount of the

 

 

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1allocation for that road district shall be a percentage of the
2maximum allocation equal to the percentage obtained by
3dividing the rate extended by the district by 0.08%. In DuPage
4County, if the amount of the tax levy requires the extension of
5the tax against the taxable property in the road district at a
6rate that is less than the lesser of (i) 0.08% of the value of
7the taxable property in the road district, based upon the
8assessment for the year immediately prior to the year in which
9such tax was levied and as equalized by the Department of
10Revenue, or (ii) a rate that will yield an amount equal to
11$12,000 per mile of road under the jurisdiction of the road
12district, then the amount of the allocation for the road
13district shall be a percentage of the maximum allocation equal
14to the percentage obtained by dividing the rate extended by
15the district by the lesser of (i) 0.08% or (ii) the rate that
16will yield an amount equal to $12,000 per mile of road under
17the jurisdiction of the road district.
18    Prior to 2011, if any road district has levied a special
19tax for road purposes pursuant to Sections 6-601, 6-602, and
206-603 of the Illinois Highway Code, and such tax was levied in
21an amount which would require extension at a rate of not less
22than .08% of the value of the taxable property thereof, as
23equalized or assessed by the Department of Revenue, or, in
24DuPage County, an amount equal to or greater than $12,000 per
25mile of road under the jurisdiction of the road district,
26whichever is less, such levy shall, however, be deemed a

 

 

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1proper compliance with this Section and shall qualify such
2road district for an allotment under this Section. Beginning
3in 2011 and thereafter, if any road district has levied a
4special tax for road purposes under Sections 6-601, 6-602, and
56-603 of the Illinois Highway Code, and the tax was levied in
6an amount that would require extension at a rate of not less
7than 0.08% of the value of the taxable property of that road
8district, as equalized or assessed by the Department of
9Revenue or, in DuPage County, an amount equal to or greater
10than $12,000 per mile of road under the jurisdiction of the
11road district, whichever is less, that levy shall be deemed a
12proper compliance with this Section and shall qualify such
13road district for a full, rather than proportionate, allotment
14under this Section. If the levy for the special tax is less
15than 0.08% of the value of the taxable property, or, in DuPage
16County if the levy for the special tax is less than the lesser
17of (i) 0.08% or (ii) $12,000 per mile of road under the
18jurisdiction of the road district, and if the levy for the
19special tax is more than any other levy for road and bridge
20purposes, then the levy for the special tax qualifies the road
21district for a proportionate, rather than full, allotment
22under this Section. If the levy for the special tax is equal to
23or less than any other levy for road and bridge purposes, then
24any allotment under this Section shall be determined by the
25other levy for road and bridge purposes.
26    Prior to 2011, if a township has transferred to the road

 

 

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1and bridge fund money which, when added to the amount of any
2tax levy of the road district would be the equivalent of a tax
3levy requiring extension at a rate of at least .08%, or, in
4DuPage County, an amount equal to or greater than $12,000 per
5mile of road under the jurisdiction of the road district,
6whichever is less, such transfer, together with any such tax
7levy, shall be deemed a proper compliance with this Section
8and shall qualify the road district for an allotment under
9this Section.
10    In counties in which a property tax extension limitation
11is imposed under the Property Tax Extension Limitation Law,
12road districts may retain their entitlement to a motor fuel
13tax allotment or, beginning in 2011, their entitlement to a
14full allotment if, at the time the property tax extension
15limitation was imposed, the road district was levying a road
16and bridge tax at a rate sufficient to entitle it to a motor
17fuel tax allotment and continues to levy the maximum allowable
18amount after the imposition of the property tax extension
19limitation. Any road district may in all circumstances retain
20its entitlement to a motor fuel tax allotment or, beginning in
212011, its entitlement to a full allotment if it levied a road
22and bridge tax in an amount that will require the extension of
23the tax against the taxable property in the road district at a
24rate of not less than 0.08% of the assessed value of the
25property, based upon the assessment for the year immediately
26preceding the year in which the tax was levied and as equalized

 

 

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1by the Department of Revenue or, in DuPage County, an amount
2equal to or greater than $12,000 per mile of road under the
3jurisdiction of the road district, whichever is less.
4    As used in this Section, the term "road district" means
5any road district, including a county unit road district,
6provided for by the Illinois Highway Code; and the term
7"township or district road" means any road in the township and
8district road system as defined in the Illinois Highway Code.
9For the purposes of this Section, "township or district road"
10also includes such roads as are maintained by park districts,
11forest preserve districts and conservation districts. The
12Department of Transportation shall determine the mileage of
13all township and district roads for the purposes of making
14allotments and allocations of motor fuel tax funds for use in
15road districts.
16    Payment of motor fuel tax moneys to municipalities and
17counties shall be made as soon as possible after the allotment
18is made. The treasurer of the municipality or county may
19invest these funds until their use is required and the
20interest earned by these investments shall be limited to the
21same uses as the principal funds.
22(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
23101-493, eff. 8-23-19; revised 9-24-19.)
 
24    Section 10. The Illinois Vehicle Code is amended by
25changing Section 18c-7401 as follows:
 

 

 

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1    (625 ILCS 5/18c-7401)  (from Ch. 95 1/2, par. 18c-7401)
2    Sec. 18c-7401. Safety Requirements for Track, Facilities,
3and Equipment.
4    (1) General Requirements. Each rail carrier shall,
5consistent with rules, orders, and regulations of the Federal
6Railroad Administration, construct, maintain, and operate all
7of its equipment, track, and other property in this State in
8such a manner as to pose no undue risk to its employees or the
9person or property of any member of the public.
10    (2) Adoption of Federal Standards. The track safety
11standards and accident/incident standards promulgated by the
12Federal Railroad Administration shall be safety standards of
13the Commission. The Commission may, in addition, adopt by
14reference in its regulations other federal railroad safety
15standards, whether contained in federal statutes or in
16regulations adopted pursuant to such statutes.
17    (3) Railroad Crossings. No public road, highway, or street
18shall hereafter be constructed across the track of any rail
19carrier at grade, nor shall the track of any rail carrier be
20constructed across a public road, highway or street at grade,
21without having first secured the permission of the Commission;
22provided, that this Section shall not apply to the replacement
23of lawfully existing roads, highways, and tracks. No public
24pedestrian bridge or subway shall be constructed across the
25track of any rail carrier without having first secured the

 

 

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1permission of the Commission. The Commission shall have the
2right to refuse its permission or to grant it upon such terms
3and conditions as it may prescribe. The Commission shall have
4power to determine and prescribe the manner, including the
5particular point of crossing, and the terms of installation,
6operation, maintenance, use, and protection of each such
7crossing.
8    The Commission shall also have power, after a hearing, to
9require major alteration of or to abolish any crossing,
10heretofore or hereafter established, when in its opinion, the
11public safety requires such alteration or abolition, and,
12except in cities, villages, and incorporated towns of
131,000,000 or more inhabitants, to vacate and close that part
14of the highway on such crossing altered or abolished and cause
15barricades to be erected across such highway in such manner as
16to prevent the use of such crossing as a highway, when, in the
17opinion of the Commission, the public convenience served by
18the crossing in question is not such as to justify the further
19retention thereof; or to require a separation of grades, at
20railroad-highway grade crossings; or to require a separation
21of grades at any proposed crossing where a proposed public
22highway may cross the tracks of any rail carrier or carriers;
23and to prescribe, after a hearing of the parties, the terms
24upon which such separations shall be made and the proportion
25in which the expense of the alteration or abolition of such
26crossings or the separation of such grades, having regard to

 

 

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1the benefits, if any, accruing to the rail carrier or any party
2in interest, shall be divided between the rail carrier or
3carriers affected, or between such carrier or carriers and the
4State, county, municipality or other public authority in
5interest. However, a public hearing by the Commission to
6abolish a crossing shall not be required when the public
7highway authority in interest vacates the highway. In such
8instance the rail carrier, following notification to the
9Commission and the highway authority, shall remove any grade
10crossing warning devices and the grade crossing surface.
11    The Commission shall also have power by its order to
12require the reconstruction, minor alteration, minor
13relocation, or improvement of any crossing (including the
14necessary highway approaches thereto) of any railroad across
15any highway or public road, pedestrian bridge, or pedestrian
16subway, whether such crossing be at grade or by overhead
17structure or by subway, whenever the Commission finds after a
18hearing or without a hearing as otherwise provided in this
19paragraph that such reconstruction, alteration, relocation, or
20improvement is necessary to preserve or promote the safety or
21convenience of the public or of the employees or passengers of
22such rail carrier or carriers. By its original order or
23supplemental orders in such case, the Commission may direct
24such reconstruction, alteration, relocation, or improvement to
25be made in such manner and upon such terms and conditions as
26may be reasonable and necessary and may apportion the cost of

 

 

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1such reconstruction, alteration, relocation, or improvement
2and the subsequent maintenance thereof, having regard to the
3benefits, if any, accruing to the railroad or any party in
4interest, between the rail carrier or carriers and public
5utilities affected, or between such carrier or carriers and
6public utilities and the State, county, municipality or other
7public authority in interest. The cost to be so apportioned
8shall include the cost of changes or alterations in the
9equipment of public utilities affected as well as the cost of
10the relocation, diversion or establishment of any public
11highway, made necessary by such reconstruction, alteration,
12relocation, or improvement of said crossing. A hearing shall
13not be required in those instances when the Commission enters
14an order confirming a written stipulation in which the
15Commission, the public highway authority or other public
16authority in interest, the rail carrier or carriers affected,
17and in instances involving the use of the Grade Crossing
18Protection Fund, the Illinois Department of Transportation,
19agree on the reconstruction, alteration, relocation, or
20improvement and the subsequent maintenance thereof and the
21division of costs of such changes of any grade crossing
22(including the necessary highway approaches thereto) of any
23railroad across any highway, pedestrian bridge, or pedestrian
24subway.
25    The Commission shall also have power to enter into
26stipulated agreements with a rail carrier or rail carriers or

 

 

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1public authorities to fund, provide, install, and maintain
2safety treatments to deter trespassing on railroad property in
3accordance with paragraph (1) of Section 18c-7503 at locations
4approved by such rail carrier or rail carriers following a
5diagnostic evaluation between the Commission and the rail
6carrier or rail carriers, including any public authority in
7interest or the Federal Railroad Administration, and to order
8the allocation of the cost of those treatments and their
9installation and maintenance from the Grade Crossing
10Protection Fund. Safety treatments approved under this
11paragraph by the Commission shall be deemed adequate and
12appropriate.
13    Every rail carrier operating in the State of Illinois
14shall construct and maintain every highway crossing over its
15tracks within the State so that the roadway at the
16intersection shall be as flush with the rails as superelevated
17curves will allow, and, unless otherwise ordered by the
18Commission, shall construct and maintain the approaches
19thereto at a grade of not more than 5% within the right of way
20for a distance of not less the 6 feet on each side of the
21centerline of such tracks; provided, that the grades at the
22approaches may be maintained in excess of 5% only when
23authorized by the Commission.
24    Every rail carrier operating within this State shall
25remove from its right of way at all railroad-highway grade
26crossings within the State, such brush, shrubbery, and trees

 

 

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1as is reasonably practical for a distance of not less than 500
2feet in either direction from each grade crossing. The
3Commission shall have power, upon its own motion, or upon
4complaint, and after having made proper investigation, to
5require the installation of adequate and appropriate luminous
6reflective warning signs, luminous flashing signals, crossing
7gates illuminated at night, or other protective devices in
8order to promote and safeguard the health and safety of the
9public. Luminous flashing signal or crossing gate devices
10installed at grade crossings, which have been approved by the
11Commission, shall be deemed adequate and appropriate. The
12Commission shall have authority to determine the number, type,
13and location of such signs, signals, gates, or other
14protective devices which, however, shall conform as near as
15may be with generally recognized national standards, and the
16Commission shall have authority to prescribe the division of
17the cost of the installation and subsequent maintenance of
18such signs, signals, gates, or other protective devices
19between the rail carrier or carriers, the public highway
20authority or other public authority in interest, and in
21instances involving the use of the Grade Crossing Protection
22Fund, the Illinois Department of Transportation. Except where
23train crews provide flagging of the crossing to road users,
24yield signs shall be installed at all highway intersections
25with every grade crossing in this State that is not equipped
26with automatic warning devices, such as luminous flashing

 

 

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1signals or crossing gate devices. A stop sign may be used in
2lieu of the yield sign when an engineering study conducted in
3cooperation with the highway authority and the Illinois
4Department of Transportation has determined that a stop sign
5is warranted. If the Commission has ordered the installation
6of luminous flashing signal or crossing gate devices at a
7grade crossing not equipped with active warning devices, the
8Commission shall order the installation of temporary stop
9signs at the highway intersection with the grade crossing
10unless an engineering study has determined that a stop sign is
11not appropriate. If a stop sign is not appropriate, the
12Commission may order the installation of other appropriate
13supplemental signing as determined by an engineering study.
14The temporary signs shall remain in place until the luminous
15flashing signal or crossing gate devices have been installed.
16The rail carrier is responsible for the installation and
17subsequent maintenance of any required signs. The permanent
18signs shall be in place by July 1, 2011.
19    No railroad may change or modify the warning device system
20at a railroad-highway grade crossing, including warning
21systems interconnected with highway traffic control signals,
22without having first received the approval of the Commission.
23The Commission shall have the further power, upon application,
24upon its own motion, or upon complaint and after having made
25proper investigation, to require the interconnection of grade
26crossing warning devices with traffic control signals at

 

 

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1highway intersections located at or near railroad crossings
2within the distances described by the State Manual on Uniform
3Traffic Control Devices adopted pursuant to Section 11-301 of
4this Code. In addition, State and local authorities may not
5install, remove, modernize, or otherwise modify traffic
6control signals at a highway intersection that is
7interconnected or proposed to be interconnected with grade
8crossing warning devices when the change affects the number,
9type, or location of traffic control devices on the track
10approach leg or legs of the intersection or the timing of the
11railroad preemption sequence of operation until the Commission
12has approved the installation, removal, modernization, or
13modification. Commission approval shall be limited to
14consideration of issues directly affecting the public safety
15at the railroad-highway grade crossing. The electrical circuit
16devices, alternate warning devices, and preemption sequences
17shall conform as nearly as possible, considering the
18particular characteristics of the crossing and intersection
19area, to the State manual adopted by the Illinois Department
20of Transportation pursuant to Section 11-301 of this Code and
21such federal standards as are made applicable by subsection
22(2) of this Section. In order to carry out this authority, the
23Commission shall have the authority to determine the number,
24type, and location of traffic control devices on the track
25approach leg or legs of the intersection and the timing of the
26railroad preemption sequence of operation. The Commission

 

 

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1shall prescribe the division of costs for installation and
2maintenance of all devices required by this paragraph between
3the railroad or railroads and the highway authority in
4interest and in instances involving the use of the Grade
5Crossing Protection Fund or a State highway, the Illinois
6Department of Transportation.
7    Any person who unlawfully or maliciously removes, throws
8down, damages or defaces any sign, signal, gate, or other
9protective device, located at or near any public grade
10crossing, shall be guilty of a petty offense and fined not less
11than $50 nor more than $200 for each offense. In addition to
12fines levied under the provisions of this Section a person
13adjudged guilty hereunder may also be directed to make
14restitution for the costs of repair or replacement, or both,
15necessitated by his misconduct.
16    It is the public policy of the State of Illinois to enhance
17public safety by establishing safe grade crossings. In order
18to implement this policy, the Illinois Commerce Commission is
19directed to conduct public hearings and to adopt specific
20criteria by July 1, 1994, that shall be adhered to by the
21Illinois Commerce Commission in determining if a grade
22crossing should be opened or abolished. The following factors
23shall be considered by the Illinois Commerce Commission in
24developing the specific criteria for opening and abolishing
25grade crossings:
26        (a) timetable speed of passenger trains;

 

 

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1        (b) distance to an alternate crossing;
2        (c) accident history for the last 5 years;
3        (d) number of vehicular traffic and posted speed
4    limits;
5        (e) number of freight trains and their timetable
6    speeds;
7        (f) the type of warning device present at the grade
8    crossing;
9        (g) alignments of the roadway and railroad, and the
10    angle of intersection of those alignments;
11        (h) use of the grade crossing by trucks carrying
12    hazardous materials, vehicles carrying passengers for
13    hire, and school buses; and
14        (i) use of the grade crossing by emergency vehicles.
15    The Illinois Commerce Commission, upon petition to open or
16abolish a grade crossing, shall enter an order opening or
17abolishing the crossing if it meets the specific criteria
18adopted by the Commission.
19    Except as otherwise provided in this subsection (3), in no
20instance shall a grade crossing be permanently closed without
21public hearing first being held and notice of such hearing
22being published in an area newspaper of local general
23circulation.
24    (4) Freight Trains; Radio Communications. The Commission
25shall after hearing and order require that every main line
26railroad freight train operating on main tracks outside of

 

 

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1yard limits within this State shall be equipped with a radio
2communication system. The Commission after notice and hearing
3may grant exemptions from the requirements of this Section as
4to secondary and branch lines.
5    (5) Railroad Bridges and Trestles; Walkway and Handrail.
6In cases in which the Commission finds the same to be practical
7and necessary for safety of railroad employees, bridges and
8trestles, over and upon which railroad trains are operated,
9shall include as a part thereof, a safe and suitable walkway
10and handrail on one side only of such bridge or trestle, and
11such handrail shall be located at the outer edge of the walkway
12and shall provide a clearance of not less than 8 feet, 6
13inches, from the center line of the nearest track, measured at
14right angles thereto.
15    (6) Packages Containing Articles for First Aid to Injured
16on Trains.
17        (a) All rail carriers shall provide a first aid kit
18    that contains, at a minimum, those articles prescribed by
19    the Commission, on each train or engine, for first aid to
20    persons who may be injured in the course of the operation
21    of such trains.
22        (b) A vehicle, excluding a taxi cab used in an
23    emergency situation, operated by a contract carrier
24    transporting railroad employees in the course of their
25    employment shall be equipped with a readily available
26    first aid kit that contains, as a minimum, the same

 

 

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1    articles that are required on each train or engine.
2    (7) Abandoned Bridges, Crossings, and Other Rail Plant.
3The Commission shall have authority, after notice and hearing,
4to order:
5        (a) the removal of any abandoned railroad tracks from
6    roads, streets or other thoroughfares in this State; and
7        (b) the removal of abandoned overhead railroad
8    structures crossing highways, waterways, or railroads.
9    The Commission may equitably apportion the cost of such
10actions between the rail carrier or carriers, public
11utilities, and the State, county, municipality, township, road
12district, or other public authority in interest.
13    (8) Railroad-Highway Bridge Clearance. A vertical
14clearance of not less than 23 feet above the top of rail shall
15be provided for all new or reconstructed highway bridges
16constructed over a railroad track. The Commission may permit a
17lesser clearance if it determines that the 23-foot clearance
18standard cannot be justified based on engineering,
19operational, and economic conditions.
20    (9) Right of Access To Railroad Property.
21        (a) A community antenna television company franchised
22    by a municipality or county pursuant to the Illinois
23    Municipal Code or the Counties Code, respectively, shall
24    not enter upon any real estate or rights-of-way in the
25    possession or control of a railroad subject to the
26    jurisdiction of the Illinois Commerce Commission unless

 

 

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1    the community antenna television company first complies
2    with the applicable provisions of subparagraph (f) of
3    Section 11-42-11.1 of the Illinois Municipal Code or
4    subparagraph (f) of Section 5-1096 of the Counties Code.
5        (b) Notwithstanding any provision of law to the
6    contrary, this subsection (9) applies to all entries of
7    railroad rights-of-way involving a railroad subject to the
8    jurisdiction of the Illinois Commerce Commission by a
9    community antenna television company and shall govern in
10    the event of any conflict with any other provision of law.
11        (c) This subsection (9) applies to any entry upon any
12    real estate or right-of-way in the possession or control
13    of a railroad subject to the jurisdiction of the Illinois
14    Commerce Commission for the purpose of or in connection
15    with the construction, or installation of a community
16    antenna television company's system or facilities
17    commenced or renewed on or after August 22, 2017 (the
18    effective date of Public Act 100-251).
19        (d) Nothing in Public Act 100-251 shall be construed
20    to prevent a railroad from negotiating other terms and
21    conditions or the resolution of any dispute in relation to
22    an entry upon or right of access as set forth in this
23    subsection (9).
24        (e) For purposes of this subsection (9):
25        "Broadband service", "cable operator", and "holder"
26    have the meanings given to those terms under Section

 

 

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1    21-201 of the Public Utilities Act.
2        "Community antenna television company" includes, in
3    the case of real estate or rights-of-way in possession of
4    or in control of a railroad, a holder, cable operator, or
5    broadband service provider.
6        (f) Beginning on August 22, 2017 (the effective date
7    of Public Act 100-251), the Transportation Division of the
8    Illinois Commerce Commission shall include in its annual
9    Crossing Safety Improvement Program report a brief
10    description of the number of cases decided by the Illinois
11    Commerce Commission and the number of cases that remain
12    pending before the Illinois Commerce Commission under this
13    subsection (9) for the period covered by the report.
14(Source: P.A. 100-251, eff. 8-22-17; 101-81, eff. 7-12-19.)".